Indonesia - Time Bars

As such in Indonesia, the law does not specify when the limitation periods begin. However, in practice, the period starts when the right to make the claim first arises. However, there is no specific maritime law/Act in Indonesia but there are few provisions in regard to the time bars/limitation as per Indonesian Commercial Code.

Type of Action

Limitation period

Act/Statute

Cargo Claims

Within 1 (one) year from the delivery of the cargo or after the day of the cargo should be delivered. The limitation period for the transportation of goods through a sea shipment is triggered after the date the goods are delivered or supposed to be delivered.

Article 487

Vessel Collision Claims

Within 2 (two) years from the day of the collision happened or incurring the damage.

Article 742 in conjunction with article 544 for vessel to vessel.Article 742 in conjunction with article 544a for vessel to fixed/floating object.

Crew Contract

Within 1 (one) year after the end of the duty in the vessel.

Article 745

Ship Chandler

Within 3 (three) years from the delivery was done or the work was completed.

Article 743

Payment to Salvor

Within 2 (two) years after completing the salvage.

Article 742

Payment to the pilot, port dues

Within 1 (one) year after collecting the payment.

Article 745

Calculation and sharing of general average

Within 1 (one) year after completing the journey.

Article 745

Payment of General Average

Within 1 (one) year from the calculation and sharing have been conveyed by the expert to the Court’s clerk or the related Parties.

Article 745

Passenger Claims

Within 1 (one) year.

Article 741

Workmen Compensation

The time limit is 2 (two) years after the accident happened.

Missing Person (Death in absentia)

A person can be legally presumed as death after 5 (five) years disappeared from the last time he/she left his/her last address. This assumption must be followed up by the petition to the Court to summon her/him including issuing the summon in the newspaper in 3 times every 3 months.

Article 467-471 under Indonesian Civil Code

Wreck Removal

There is no specific regulation for the time limit.

The matter can be referred to Article 1967 of Indonesian Civil Code (30 years).

Oil Pollution

There is no specific regulation for the time limit.

The matter can be referred to Article 1967 of Indonesian.

Generally, the legal claims (business or individual), expire after 30 years under Article 1967 of Indonesian Civil Code. However, there are certain exceptions in terms of the general limitations period for the claims for professional services e.g. lawyers’, doctors, formen etc. The limitation period for the payment of their service fees is two years unless otherwise agreed in the contracts/ agreements.